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The Indiana Medical Malpractice Act caps malpractice settlements and jury verdicts, which can limit healthcare providers’ liability in medical malpractice lawsuits and the total compensation victims can receive from their claims. This situation makes it all the more important for victims of negligent medical care to get help from experienced attorneys who know how to build a strong case and recover the maximum compensation possible.
Indiana’s Medical Malpractice Act
Indiana’s Medical Malpractice Act was initially passed in the 1970s to prevent healthcare provider insurance rates from increasing due to the rising number of medical malpractice lawsuits. As long as healthcare providers have liability insurance and pay into the Patient’s Compensation Fund, they are covered by the liability limits outlined within the act.
What Are the Indiana Medical Malpractice Caps?
Indiana’s medical malpractice cap on compensation has increased a few times over the years. Before July 1, 2017, it was $1.25 million. However, it was raised to $1.65 million in 2021 and again to $1.8 million in 2019, where it still stands.
If your medical malpractice injury occurred after June 30, 2019, the $1.8 million cap applies. This cap covers the majority of current medical malpractice lawsuits due to the time limit for filing a malpractice claim being two years from the date of the incident.
The only exception is for minors who were under six years old when the malpractice occurred. They have until their eighth birthday, meaning that a minor who suffered a birth injury before June 30, 2019, could still technically fall under one of the previous compensation caps.
Medical Malpractice Caps and the Indiana Patient’s Compensation Fund
Indiana’s malpractice caps have two primary components: the healthcare provider’s liability and the compensation victims can receive from the Patient’s Compensation Fund.
The first step is for victims to recover the maximum compensation the healthcare provider is liable for through a verdict or settlement. This amount depends on when the malpractice occurred:
- Before July 1, 2017 – Up to $250,000
- After June 30, 2017, and before July 1, 2019 – Up to $400,000
- After June 30, 2019 – Up to $500,000
If your award or settlement amount exceeds these limits, the Patient’s Compensation Fund picks up the remaining amount. The combined compensation you receive from the healthcare provider and the Patient’s Compensation Fund cannot exceed the total cap, which is currently $1.8 million.
Contact an Experienced Medical Malpractice Attorney Today
Attorney Kelley J. Johnson focuses specifically on medical malpractice cases and has over 20 years of experience litigating cases against healthcare providers and before the Indiana Patient’s Compensation Fund. No matter what type of medical negligence caused your injury, attorney Kelley J. Johnson can work with expert witnesses to establish how the negligence occurred and its effect on your life.
Contact the Law Office of Kelley J. Johnson today for a free consultation with our medical malpractice team. Our legal team can help you seek the compensation you deserve.
